Criminal DEFENCE Blog

general information about the field of calgary criminal law

Motorcyclists’ lawyers want evidence out

The lawyers for two motorcyclists charged in the death of a pedestrian will apply to have the Crown barred from calling crucial medical evidence.

Defence counsels David Chow and Charlie Stewart will argue their clients’ Charter rights have been violated because certain medical reports weren’t made available to them. Crown prosecutor Frances Turner said she only received parts of the [victim’s] hospital records from the medical examiner’s office. Both Chow and Stewart said the documents taint the report on what caused the May 2005 death of [the victim].

[the accused] both face charges of criminal negligence causing death in connection with a May 9, 2005 crash on 17th Ave S.W. The two men were allegedly racing from a red light at 10 St. when [the accused] struck [the victim]. Both Chow and Stewart told Justice Peter McIntyre they wish to make a Charter argument to exclude the testimony of Dr. Sam Andrews on the cause of [the victim’s] death. Outside court, Stewart said the medical records the defence just received don’t support Andrews’ finding the elderly man died of pulmonary contusions.

“In the disclosure we received, the X-rays showed no evidence of pulmonary contusion.” the lawyer said.